ELR Citation: 54 ELR 20029
No(s). 19-cv-2416 (TSC) (D.D.C. Feb 22, 2024) (Chutkan, J.)

A district court granted summary judgment for a conservation group in a challenge to the Natural Resource Conservation Service's (NRCS') 2020 rule regarding certification of maps delineating wetlands. The group argued NRCS changed its policy regarding pre-1996 wetland certifications without exercising reasoned decisionmaking in violation of the APA, without consulting with FWS in violation of the ESA, and without taking a "hard look" at the environmental impacts in violation of NEPA. The court found NRCS changed its policy to be more lenient toward certifying wetland maps, and failed to provide a reasoned explanation for doing so. It granted summary judgment for the group, vacated the rule, and remanded to NRCS for further consideration.